CanSpam Act: any sanctions against ISPs hosting spamertized sites?
AlRalsky at spamcity.com
Mon Jan 19 00:52:51 EST 2004
It can be tough to track down spammers who send out spam-amil, beause most
use open proxies, flase return addresses, etc. But almost all have to sell a
product, and these are hosted at sites that are much easier to trace. I am
trying to figure out if the CanSpam act provides any sanctions against ISPs
who host spamertized sites. The law seems unclear on this point. My reading
of Section 6 of CanSpam suggests that anyone who "promotes or allows
promotion of" a business whose product was offered for sale via electronic
mail message that is in violation of section 5 (accurate headers, physical
address, etc etc) is liable under the law. I assume this is meant to target
businesses who allow others to spam for them. But I wonder if this section
might also be interpreted to apply to ISPs who host spamertized sites?
I would like to call my congressman to find out if I can report
Hostcentric.com to some agency, but I am not sure if the law provides
sanctions or not. .
SEC. 6. BUSINESSES KNOWINGLY PROMOTED BY ELECTRONIC MAIL WITH FALSE OR
MISLEADING TRANSMISSION INFORMATION.
(a) IN GENERAL- It is unlawful for a person to promote, or allow the
promotion of, that person's trade or business, or goods, products, property,
or services sold, offered for sale, leased or offered for lease, or
otherwise made available through that trade or business, in a commercial
electronic mail message the transmission of which is in violation of section
5(a)(1) if that person--
(1) knows, or should have known in ordinary course of that person's
trade or business, that the goods, products, property, or services sold,
offered for sale, leased or offered for lease, or otherwise made available
through that trade or business were being promoted in such a message;
(2) received or expected to receive an economic benefit from such
(3) took no reasonable action--
(A) to prevent the transmission; or
(B) to detect the transmission and report it to the Commission.
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